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AMIT PAMNANI (owner)     05 January 2013

Full salary not given

Hi,

I was working with this hospitality company, I was hired as a chef for a new hospital by this company. I was given 60 percent of the salary I was promised. I was told I would get the remaining 40 percent once the hospital started. One year passed, the hospital didnt open, so I started looking for other opportunities since my career was gettting wasted. I found a job with a reputed compnay and I resigned. The company says they will not give me the 40 percent of my salary dues since I left the company before the hospital started. The deal of 60-40 was not done on paper, it was verbally agreed. But, I have a signed contract letter abt my 100 percent salary. In fact now they are telling me to return the extra salary which I was getting from my previous job. For example, in my previous job I was getting Rs 50,000 per month and this company offered me Rs 1, 00, 000 per month out of which every month they gave me Rs 60,000 and made a promise that the remaining Rs 40,000 would be given to me once the hospital starts plus my regular salary. Now, they are asking me to return Rs 10,000 which I got a hike after my previous employment. Is this possible to ask an employee to return the salary even though he was getting lesser than promised, Kindly ADVISE.



 1 Replies

Kumar Doab (FIN)     05 January 2013

“Is this possible to ask an employee to return the salary even though he was getting lesser than promised,’

NO.

“I found a job with a reputed compnay and I resigned.”

Did you resign by submitting notice of resignation or resignation with immediate effect, and do you have acknowledgment of company having received your notice of resignation/resignation?

Has the company accepted your resignation in writring?

“I have a signed contract letter abt my 100 percent salary.” “I was given 60 percent of the salary I was promised”.

Has the company been issuing salary slip? What was the mode of payment of salary: bank transfer, cheque, cash, DD etc? Did the company use to take your signature on any blank or duly filled voucher?

The contract copy available with you should suffice should suffice. The company has to prove that it paid full salary to you.

“In fact now they are telling me to return the extra salary which I was getting from my previous job.’

Employee should record such transactions { audio/visual. Mobile comes Handy}.

You may first submit your demand to good office your appointing authority by letter thru redg. Post, and request him to supply your unpaid wages, acceptance of resignation, work experience/service certificate, reliving letter, form 16, PF a/c slips, FNF statement/settlement dues by bank DD thru redg. post so as to reach you in say…7 days.

If the good office does not provide any relief you may approach a competent and experienced labor consultant/service lawyer and proceed under advice. Your lawyer may opine that Chef is a workman.

It is felt that the Hospitality Company and Hospital are cover under SE Act of the state. You can lodge complaint with Inspector under SE Act, o/o Labor Commissioner or approach civil court.


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